PLMIhard
Under Andary v. USAA Casualty Ins. Co. (2023), how do the 2019 PIP medical fee schedule and the 56-hour family attendant care cap apply to a claimant who was catastrophically injured in 2017 and has been receiving PIP benefits since?
AThey apply retroactively to all open claims regardless of accident date
They do not apply to persons injured before the reform's effective date; pre-reform benefits remain governed by the law in effect at injury
CThey apply only if MCCA's retention has been reached on the claim
DThey apply unless the claimant affirmatively opts out in writing, in which case the 2019 fee schedule and 56-hour attendant care cap would not govern that individual's benefits
Why this is the answer
In Andary v. USAA (2023), the Michigan Supreme Court held that applying MCL 500.3157's fee schedule and the 56-hour attendant care cap to claimants injured before the 2019 amendments unconstitutionally impaired vested contractual rights. Pre-reform claimants retain reasonable-charges treatment and uncapped family attendant care.
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